Probate Court: Probate Cases
Probate is the legal process following a person's death that continues the inheritance rights of their heirs if there is no will, or the inheritance rights of the distributes under their will, if there is a will. Probate may be needed in cases where the deceased person left a will, and some cases where they died without a will.
Please note that we require an attorney to be involved in all probate cases requiring estate administration. Please see the below Useful Links section for resources to find probate attorneys in your area.
Original Wills
All original wills must be filed with the Probate Clerk's Office within 3 days of e-filing the application to probate a will. Photocopies of a will can be used in some circumstances when the original will is missing and cannot be produced in Court.
A hearing will generally not be set until the original will has been received, unless the application to probate the will states that the original will is not available. Please ensure the application has been accepted in e-file before submitting the original will to the Clerk for filing.
Forms and Information
Frequently Asked Questions
Probate Cases (8)
An attorney is not required to probate a will if administration of the estate is not necessary. An attorney is also not required to initiate small estate affidavit proceedings. However, an attorney is required if someone needs to be approved to administer the estate. Additionally, please keep in mind that if you have questions about any of the above processes, you may still find it beneficial to consult with an attorney on how to complete the process. Please see the Useful Links section for information on locating a local probate attorney.
We recommend that you consult with an attorney. There is a simplified probate process that allows for the filing of a Small Estate Affidavit if the estate does not exceed $75,000 for a single person or $150,000 for a married person (not including homestead and other exempt property.)
The process of challenging a will is very complex. You should consult an attorney if you are contemplating challenging a will.
Attorneys seeking a setting for a contested probate or guardianship matter must schedule through our Court Coordinator via email. Please be sure to copy all counsel of record. A hearing will NOT be set unless all attorneys are included on the email. Contested docket availability, scheduling, and general contested case correspondence may be emailed.
The Probate Clerk’s Office can answer some questions about the mechanics of the probate process, but they cannot give you legal advice. You can get in touch with the Probate Clerk’s Office at (972) 548-6463.
Please send your request to Probate Court. For maximum expediency, please include your name, the Cause Number of the case, the date the hearing occurred, and whether the case was held in person, over Zoom, or hybrid.
Attorneys may make interpretation arrangements for their clients through an interpreter of their choosing; however, the Court can arrange an interpreter upon request. Please contact the Court Coordinator at least two weeks in advance of the hearing by emailing Shaunda McDonald-Willey. Be sure to include the Cause Number, target language, date and time of the hearing, and the names of participants requiring interpretation.
While Texas Probate Courts have the ability to issue supporting documentation for Delayed Death Certificates, Texas Probate Courts do not have the authority to issue documentation supporting Amended Death Certificates. Please contact Texas Health and Human Services for assistance regarding the specific documentation needed to complete this process.